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September 2, 2009ZONING MINUTES -SEPTEMBER 2, ~ 2009 CITY OF MIAMI GARDENS REGULAR ZONING MINUTES SEPTEMBER 2, 2009 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The City Council sitting as the Zoning Board met in regular session on Wednesday, September 7, 2009, beginning at 7:10 p.m., in the City Council Chambers, 1515 NW 167tb Street, Building 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Mayor Shirley Gibson, Vice Mayor Oliver G. Gilbert III and Council members Melvin L. Bratton, Barbara Watson, Andre Williams and Sharon Pritchett. Councilman Aaron Campbell Jr., was not present. Motion offered by Councilman Bratton, seconded by Councilwoman Pritchett to excuse Councilman Campbell's absence. This motion passed and carried by a 6-0 voice vote. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens, City Clerk Ronetta Taylor, Assistant City Manager Daniel Rosemond, Development Services Director Jay Marder and Planning Administrator Cyril Saiphoo. 2. INVOCATION: Invocation delivered by Mr. Bland. 3. PLEDGE OF ALLEGIANCE: Recited in unison. 4. APPROVAL OF MINUTES: 4-A) Zoning Meeting Minutes -July 1, 2009 Motion offered by Councilwoman Pritchett, seconded by Councilman Bratton to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 6-0 voice vote. The City Clerk swore in all parties participating in this Quasi-Judicial Proceeding. 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) BUSINESS (items shau be putted from the Consent Agenda at this time): Cyril Saiphoo, Zoning Administrator asked for the deferral of Item 10-C to the October 7, 2009 Zoning Meeting. He explained this matter was placed on this agenda because it is directly related to Item 8A, which is an ordinance on for first reading, at tonight's meeting. Attorney Dickens said it would be appropriate to defer this item once it is introduced. There being no further discussion on the official agenda, a motion was duly made by Vice Mayor Gilbert, seconded by Councilwoman Watson to approve the official agenda. That motion passed and carried by a 6-0 voice vote. Cyril Saiphoo, Zoning Administrator read into the record the process used for this Quasi- Judicial proceedings. Zoning Minutes September 2, 2009 Page 1 of 10 ZONING MINUTES -SEPTEMBER 2, ~ 2009 6. PRESENTATION(S) None 7. CONSENT AGENDA None 8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S) 8-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY JPM CENTRE OF MIAMI GARDENS DRIVE, FOR THE REZONING OF PROPERTY GENERALLY LOCATED AT NORTHEAST CORNER OF NORTHWEST 183 STREET AND NORTHWEST 42ND AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FROM RU- 4M, MODIFIED APARTMENT HOUSE, AND BU-1, BUSINESS NEIGHBORHOOD, TO BU-lA, BUSINESS LIMITED; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Lawrence Wright, Construction Manager for the JPM Center of Miami Gardens Drive appeared before the City Council to expound on this application. He said this development was founded and facilitated by the late Dr. Isaiah S. Williams Jr. At this point a video presentation was shown to the Council and listening audience. He said although legal staff was not present at tonight's meeting he did anticipate the applicant's legal team meeting with city staff to resolve some issues. Councilwoman Watson announced that she is a member of Jesus People Ministries and stated her vote will not be influence because of that fact. She stated for the record that she would be able to make an impartial decision on this matter. Mr. Wright said a great deal of time, money and resources have been invested into this development. He said the site plan encompasses approximately 12.09 acres of land together with JPM's current property. That is why this matter is before the Council to change the entire zoning to BU-1 A. The development would consist of a main building, a gymnasium, indoor swimming pool, and housing buildings. He solicited the Council's approval of this request. Mayor Gibson opened the floor for this public hearing. Mr. Wright presented for the record signed petitions, with over 2,000 signatures in support of this item. A proprietor of an assisted living facility appeared before the City Council to ask whether the approval of this zoning request would impact her business. Zoning Minutes September 2, 2009 Page 2 of 10 ZONING MINUTES -SEPTEMBER 2, ~ 2009 Mayor Gibson informed this individual that this rezoning would not affect her business. She said the State of Florida regulates Assisted Living Facilities, and the distance between those facilities to ensure no encroachment. Jay Marder, Development Services Director further explained that an Assisted Living Facility is a different category, than residential housing. After there were no other interested parties to speak on this item, the public hearing closed. Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to adopt this item on first reading. Councilman Williams asked whether local contractors will be considered for the construction phase of this project. Mr. Wright in response to Councilman Williams' question said every effort will be made to work with local contractors. He placed emphases on the importance of supporting local businesses. JPM is also partnering with Job Corp to make sure those young people get the type of skills and training necessary to complete in the job market. Councilman Bratton asked Mr. Wright to expound on the Enrichment Center component of this project, and the type of concerts that will be held there. Mr. Wright in response to Councilman Bratton's question shared the Enrichment Center would house schooling and training, business forums. He explained that JPM Center is a different 501(C) 3 than Jesus People Ministries. He said the concerts will consist of quality, wholesome family and culturally enriching entertainment. Councilman Bratton asked what process would be put in place to ensure quality and wholesome family entertainment will be conducted at the facility. Mr. Wright said there will be a rental application process, which will be reviewed by staff prior to renting the facility. Councilman Bratton made reference to the traffic study provided and asked if there is a major event at this facility how would the traffic traveling east and west on NW 183rd Street enter the complex. Richard Garcia, the Traffic Engineer appeared before the City Council to respond to Councilman Bratton's question. The traffic traveling east would make a u-turn, the traffic traveling west would make a right turn. Mayor Gibson made reference to staff's recommendations and the fact that Mr. Wright mentioned that JPM's legal representation was not present tonight and there might be some issues that may need to be worked out between staff and JPM's legal staff. She asked staff to clarify those recommendations given to this applicant. Cyril Saiphoo, Zoning Administrator for the City of Miami Gardens clarified, this is the ordinance. There is a declaration tied to the resolution, which is scheduled to be heard at the October Zoning Minutes September 2, 2009 Page 3 of 10 ZONING MINUTES -SEPTEMBER 2, ~ 2009 7tn meeting. The Declaration is what Mr. Wright is referring to as it relates to unresolved matters. Mayor Gibson opined a problem might be posed if this matter goes to second reading and is approved, without those issues in the declaration being resolved. Attorney Dickens opined there is a second reading on the ordinance. She suggested that between now and when this item comes back for second reading that staff has an opportunity to work with the applicant's legal staff to resolve those issues. Councilwoman Pritchett for clarification purposes pointed out that all throughout the documentation it mentions the project at the "Miami Gardens Enrichment Center", but from what she is hearing tonight it is actually the "Jesus People Ministries". Mr. Wright in response to Councilwoman Pritchett said the correct name of the project is the "JPM Center." Councilwoman Pritchett said this might be a scrivener's error and should be corrected because this is a public document. She then asked Mr. Garcia to elaborate on the Traffic Study more particularly the language "Some of the numbers do not appear to correlate with those shown by a similar figure in Appendix C titled "Off-peak Special Events Site Traffic". Mr. Garcia said this was a very large report with a lot of facts and figures. A mistake was made when putting the report together because there was a lot of copying and pasting. The appendix has the right numbers. He said this information will be updated with a final version submitted. There being no further discussion on this item, the motion to adopt on first reading passed and carried by a 6-0 vote. Councilman Bratton: Yes Councilman Campbell: Not present Vice Mayor Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S) None 10. RESOLUTION(S)/PUBLIC HEARING(S) RESOLUTION N0.2009-155-1000-Z-88 10-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY GUILLERMO DIAZ FOR PROPERTY LOCATED AT 3860 NORTHWEST 175TH STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, FORA NON- USE VARIANCE OF SECTION 33-50 OF THE ZONING CODE TO Zoning Minutes September 2, 2009 Page 4 of 10 ZONING MINUTES -SEPTEMBER 2, ~ 2009 ALLOW THE CONTINUED USE OF AN ACCESSORY STRUCTURE TO BE SET BACK ONE (1) FOOT FROM THE SIDE PROPERTY LINE WHERE A MINIMUM OF SEVEN AND ONE HALF (7'/Z) FEET IS REQUIRED; PROVIDING FOR CONDITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Daniel Rosemond, Assistant City Manager appeared before the City Council to state that he explained the conditions to the applicant. Guillermo Diaz, 3860 NW 175th Street, Miami Gardens, Florida, the applicant of this request appeared before the City Council to solicit approval of anon-use variance to allow the continued use of an accessory structure to be set back one (1) foot from the side property line where a minimum of seven and one half (7 '/2) feet is required. He stated that he has a letter from his surrounding neighbors expressing no opposition to this request. Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on behalf of this item, the public hearing closed. Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to approve this item. Councilwoman Pritchett shared she noticed the back of the property in question has two buildings in the backyard. She asked which of the two buildings is this application referring too. Mr. Saiphoo, Zoning Administrator said there are only two buildings on the property, the residence and the accessory structure. The building in question is the one located on the southwest side of the property. The utility shed is being removed. Councilwoman Watson recommended clearly identifying which side of the property the accessory structure is located on. Attorney Dickens said that language could be added for clarity. There being no further discussion, the motion to approve this item, passed and adopted by a 6-0 vote. Councilwoman Pritchett: Councilwoman Watson: Councilman Williams: Councilman Bratton: Councilman Campbell: Vice Mayor Gilbert: Mayor Gibson: After this vote was taken Mayor Gibson stated t Zoning Minutes September 2, 2009 Yes Yes Yes Yes Not present Yes Yes hat she had spoken with Mr. Marder about Page5of10 ZONING MINUTES -SEPTEMBER 2, ~ 2009 this matter previously. She opined when there is a structure that is illegal already staff cannot recommend approval, for something that is already illegal. She said staff should bring the matter before the Council for its consideration, but not make a recommendation of approval. She said staff should not be giving the applicant the impression that the matter will be approved by the Council, if they comply with certain conditions recommended by staff. Councilwoman Pritchett made reference to the Affidavit for Mailing of Final Notices and pointed out there is not signature for the Zoning Administrator. She said it would be helpful to the Council if all staff members involved signed and well as printed their name. RESOLUTION N0.2009-156-1101-Z-89 10-B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY T-MOBILE, LLC SOUTH, FOR AN UNUSUAL USE TO PERMIT A 100-FOOT HIGH FLAGPOLE STEALTH ANTENNA ON CITY-OWNED PROPERTY LOCATED AT 19455 NORTHWEST 195TH STREET AND ANON-USE VARIANCE OF SETBACK REQUIREMENTS TO PERMIT SAID FLAGPOLE TO SET BACK EIGHTEEN FEET (18') FROM THE NEAREST POINT OF AN ADJACENT PROPERTY, AND SEVENTY-FOUR FEET (74') FROM THE EDGE OF THE RIGHT-OF-WAY OF NORTHWEST 12TH AVENUE, WHERE NINETY (90) FOOT MINIMUM SETBACKS ARE REQUIRED; PROVIDING FOR CONDITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) Betty Tufford, Zoning Specialist Glotel, Inc., 8100 SW lOtb Street, Suite 1000, Plantation, FL, appeared before the City Council representing the applicant, T-Mobile, LLC South. She stated the structure is compatible with the architectural style of the existing building/structures on site and with the character of the surrounding area. A flagpole displaying a State Flag is compatible with the park. The structure is consistent with the character of existing uses on site. Communications equipment or devices will not be readily identifiable. The equipment is enclosed in a fenced area with a 10' landscape buffer around the lease area. The flagpole will be related to, and integrated into the existing natural and/or man-made environment to the greatest extent possible. The maximum height of the structure will not exceed 100 feet. This will enable the flagpole to hold two (2) or more carriers. She explained acell-phone communication tower is very important to the police department in the area. Miami Gardens has an outstanding police department and this would help that communication tremendously. Crystal Conner-Lane, 2120 Ponce De Leon Blvd. Suite 1280, Coral Gables, Florida, appeared before the City Council to further expound on this application. Ms. Tufford said the flagpole would be landscaped, with a six food fence and a ten foot buffer with a six foot hedge. Zoning Minutes September 2, 2009 Page 6 of 10 ZONING MINUTES -SEPTEMBER 2, ~ 2009 Patrick Greco, a representative of T-Mobile appeared before the City Council to present to coverage map for T-Mobile. Ms. Tuffordsaid T-Mobile was also trying to abide by the Code by using City property. This would assist the City will revenues. Mayor Gibson opened the floor for the public hearing. Hugh Dodd, 17125 NW 19th Avenue, Miami Gardens, Florida appeared before the City Council and asked whether the flagpole would extend 100 feet in height. Ms. Tufford explained that the flagpole camouflages the antenna. Mayor Gibson passed the gavel to Vice Mayor Gilbert. Mr. Dodd expressed his opposition to the request. He asked whether the City of Miami Gardens was becoming the city of unusual uses. Vice Mayor Gilbert said he was curious as to how many zoning meetings Mr. Dodd has attended in other municipalities. He stated that typically when an application is considered before a Zoning Board, that applicant is asking for a variance, or asking to do something that they cannot do as a matter of law. Vice Mayor Gilbert relinquished the gavel to Mayor Gibson. Sharon Frazier-Stephens 145 NE 193rd Street, Miami, Florida, appeared before the City Council to express opposition to this request. She asked why would the Council want to put a flagpole (possible radiation) in an area where there are children. The children use the field at Miami Norland for football practice and games. Charles Johnson, 8390 NW 18tb Avenue, Miami, Florida, appeared before the City Council. He congratulated the Council for moving forward. He emphasized our future is our children. He said from the information provided there is no mention about the potential threat of lighting from flagpoles. Marjorie Alistar, 1425 NW 191St Drive, Miami Gardens, Florida, appeared before the City Council appeared before the City Council in opposition to this item. She cited the safety factor as a mitigation factor for her opposition. There being no other interested parties to speak on this item, the public hearing closed. Attorney Conner-Lane appeared before the City Council and stated with reference to the safety of our children there are no studies indicating there would be a health risk from the cell tower. She said the World Health Organization's website does not mention anything about health risks to children and humans as it relates to cell towers, as well. Zoning Minutes September 2, 2009 Page 7 of 10 ZONING MINUTES -SEPTEMBER 2, ~ 2009 Jon Boyd, a representative of T-Mobile appeared before the City Council to address the concerns raised about the risk of lighting. He explained how a lighting strike occurs, which is to the ground, and can strike in an open field, and not necessarily because there is a cell-tower on the property. Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson and Councilman Williams to approve this item. Councilwoman Pritchett made reference to picture of the Optimist Park provided in the package, which shows a covered area. Mayor Gibson said the picture Councilwoman Pritchett is referring to is a picture of Norland's back area, which is covered. Councilwoman Pritchett made reference to the resolution, which does not mention anything about the equipment and the five hundred foot compound. She said from the presentation it was mentioned that other carriers can also lease space. Mayor Gibson stated from her understanding when they talked about two carriers, that meant two carriers can share the same pole. She said it is her understanding no two flagpoles will be erected. Councilwoman Pritchett restated that she was concerned because those issues outlined in the presentation with regard to the five hundred foot compound and two or more carriers were not a part of the original resolution on tonight for council's approval. Attorney Dickens said the issue tonight is for an unusual use. Mr. Saiphoo said the issue tonight is for the unusual use. There is no specific for the compound at this particular time. Attorney Dickens said those issues will be addressed by the Council during the approval of the Lease Agreement. Councilman Bratton asked how many other cell-towers are there in the City of Miami Gardens. Manager Crew in response to Councilman Bratton said there are none. Mayor Gibson emphasized the importance of having sufficient cell-tower coverage to meet the demands because especially now that everyone has acell-phone. Councilwoman Pritchett thanked those individuals who spoke on this item for their comments. She made reference to a lease agreement included in the package. Zoning Minutes September 2, 2009 Page 8 of 10 ZONING MINUTES -SEPTEMBER 2, ~ 2009 Attorney Dickens said that item is not before the Council for consideration, tonight. Once a lease has been negotiated that lease would be brought to the Council for consideration. At the conclusion of this discussion, the motion to adopt passed and carried by a 5-1 vote. Councilwoman Pritchett cast the dissenting vote based on the information she has received. Councilman Campbell: Not present Vice Mayor Gilbert: Yes Councilwoman Pritchett: No Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes 10-C) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY JPM CENTRE OF MIAMI GARDENS DRIVE, FOR A SPECIAL EXCEPTION TO ALLOW RESIDENTIAL USES IN THE BU-lA BUSINESS LIMITED DISTRICT; APPROVAL OF A NON- USE VARIANCE TO ALLOW A BUILDING HEIGHT OF 64.5 FEET WHERE A MAXIMUM HEIGHT OF 45 FEET IS ALLOWED FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF NORTHWEST 183RD STREET AND NORTHWEST 42ND AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to defer this item to October 7, 2009. This motion passed and carried by a 6-0 voice vote. 11. CITY MANAGER' S REPORT None 12. ADJOURNMENT There being no other business to come before this by Councilman Bratton, the meeting adjourned at 9:08 p Attest: _~~ Ronetta Taylor, M~oYC, City Clerk Zoning Minutes September 2, 2009 and upon motion being duly made Mayor Page 9 of 9